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Requesting retroactive child support

Some Texas noncustodial parents may have fallen behind on child support. When this occurs, the custodial parent might wonder how to claim back support.

In order to do so, the parent must file a claim that may require several pieces of supporting evidence. This evidence might include proof of non-support and of attempts to collect support. If the parent who has not paid support is the father, it might be necessary to present proof that he knows that the child is his.

The noncustodial parent can fight this claim. One way is by providing receipts that demonstrate helping with expenses such as the child's food and clothing. A parent who cannot provide monetary assistance might also provide other assistance of worth such as child care.

It is important for noncustodial parents to maintain receipts concerning support in case they are asked to provide back support. In lieu of receipts, the parent might also present records of communication or the testimony of witnesses regarding their support. Back support will not necessarily be granted automatically, and the court may take the parent's ability to pay the support into consideration.

However, the court will generally take the position that parents are obligated to support their child, and they should not simply stop paying support if they are unable to do so. Those who are struggling with support payments may go to court to request a modification of the initial order. The court will review the parent's situation and decide whether circumstances such as a job loss merit the request. There are also a number of penalties that may be associated with not paying child support. However, parenting time should not be withheld.

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